
Introduction
Dear Reader,
Welcome to the September edition of the Property Newsletter from Hardwicke.
With the manic autumn period already underway, the Hardwicke property team are busier than ever. Not too busy, however, to bring you Morayo Fagborun-Bennett’s take on the First Tower Trustees case, Daniel Gatty’s three facts and Patrick Sarson revealing his untruth from the last newsletter’s unrobed section.
Simon Allison – Editor
Events
27th September 2018: Risk & Negligence in Property Transactions: problems and pitfalls for practitioners - Birmingham Roadshow
Location: Hotel du Vin, Church Street, Birmingham, Birmingham, B3 2NRTime: 5:00pm
As the residential property market slows and returns on commercial property are threatened by the decline of the High Street, the risk that property owners will look to the professionals who advised them to recoup their losses returns.
31st October 2018: Risk & Negligence in Property Transactions: problems and pitfalls for practitioners - London roadshow
Location: Hardwicke, Hardwicke Building, New Square, Lincoln's Inn, London , WC2A 3SBTime: 5:30pm
As the residential property market slows and returns on commercial property are threatened by the decline of the High Street, the risk that property owners will look to the professionals who advised them to recoup their losses returns.
Activity report - what we have been up to
Peter Petts obtained possession of a property for his client, which his client didn’t even know he had bought. It took some explaining to the judge.
Steven Woolf spent most of August preparing for or waiting patiently outside Court 37 of QBD as he secured 4 more protective injunctions for different London Boroughs in the continued fight against unlawful occupation and fly-tipping.
Jamal Demachkie has had a busy Summer with lots of urgent work involving L&T disputes, claims involving allegations of fraud and breach of duty, and applications to discharge covenants. He also took a rare holiday (which is now a long distant memory).
Daniel Gatty was on holiday for a substantial chunk of August. Since his return his time has been taken up with matters as diverse as a partnership and co-ownership dispute between GPs and a residential development delayed by bats.
Clare Anslow has had a surprisingly busy August with a string of last minute applications in the High and County court. It has become apparent that due to the large number of CMCs she has attended this month, she is going to have an incredibly busy time in November when they all come to trial.
Andrew Skelly has had a number of FtT service charge disputes. In one of the cases the County Court, 24 years ago, had determined that the roof was within the tenant’s demise, and that the tenant was responsible to repair. The tenant, who did not appeal, now says the judge was wrong, and seeks to relitigate the point. The FtT has therefore been grappling with arguments as to res judicata issue estoppel and abuse of process.
Charlotte John has spent August book-writing and perfume-making, and resolving a number of troublesome cases, including setting aside a transfer procured by undue influence and successfully settling a farming dispute involving constructive trusts.
Morayo Fagborun-Bennett has been busy obtaining injunctions in the youth court and dealing with service charge and collective enfranchisement disputes since her return from maternity leave.
When not trying to cycle under the intense Spanish sun, Simon Allison has had 2 mediations (one successful, one not), and advised on matters as diverse as options to purchase, renewal of marina infrastructure, trespass and the ever present topic of liability for fire safety works.
Laura Tweedy has had a lovely busy August, mostly advising on TOLATA matters and acting in trials in the FTT, Mags and County Court.
Alastair Redpath-Stevens has had an interesting month with sundry day trips to various County Courts, including down to the seaside at Brighton, as well as enjoying the somewhat less picturesque scenery at the First-tier-Tribunal (Property Chamber). But he is going to Oslo to chair a charity meeting …
Comment - Morayo Fagborun-Bennett - So, when can a landlord exclude liability for misrepresentation in a lease?

This was the question considered by the Court of Appeal in First Tower Trustees Ltd, Intertrust Trustee Limited v CDS (Superstores International) Limited [2018] EWA Civ 1396 in which a landlord (2 trustee companies) let commercial premises (4 warehousing bays) contaminated with asbestos.